written by Elena Diaz and Natalia Blauvelt.
On July 16, 2021, Federal Judge Andrew Hanen ruled that DACA was unlawful and thus prevented Department of Homeland Security from processing new applications. The judge found that DHS did not have the power to create DACA and by doing so it had violated the APA (Administrative Procedure Act).
Read on to find out exactly what this ruling means for DACA recipients and applicants.
If you are a DACA recipient:
If you have a DACA renewal application pending:
If you have an initial pending application:
If you are eligible for DACA but you have not applied yet:
How this ruling affects you if you have Advance Parole:
- Currently, it is unknown if those who let their DACA status lapse for more than a year can reapply. In the past, USCIS said that individuals in that situation should file a new initial application.
- It is unclear whether DACA recipients who travel on advance parole will be allowed to re-enter the U.S. on their return. They should be allowed to re-enter, just as most DACA recipients in the past successfully re-entered the U.S., but we don’t have case examples yet. If you have DACA and advance parole, we recommend that you discuss any international travel with an experienced attorney before leaving the U.S.
“The Department of Justice intends to appeal this decision in order to preserve and fortify DACA. And, as the court recognized, the Department of Homeland Security plans to issue a proposed rule concerning DACA in the near future,” said President Joe Biden in an official statement.